326. Whoever commits mischief by,—(a) doing any act which causes, or which he knows to be likely to cause, a diminution of the supply of water for agricultural purposes, or for food or drink for human beings or for animals which are property, or for cleanliness or for carrying on any manufacture, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both; (b) doing any act which renders or which he knows to be likely to render any public road, bridge, navigable river or navigable channel, natural or artificial, impassable or less safe for travelling or conveying property, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both; (c) doing any act which causes or which he knows to be likely to cause an inundation or an obstruction to any public drainage attended with injury or damage, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both; (d) destroying or moving any sign or signal used for navigation of rail, aircraft or ship or other thing placed as a guide for navigators, or by any act which renders any such sign or signal less useful as a guide for navigators, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both; (e) destroying or moving any land-mark fixed by the authority of a public servant, or by any act which renders such land-mark less useful as such, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both; (f) fire or any explosive substance intending to cause, or knowing it to be likely that he will thereby cause, damage to any property including agricultural produce, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; (g) fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
BNS Section 326: Mischief by injury, inundation, fire or explosive substance, etc. 326 (a)
Section 326 of the Bharatiya Nyaya Sanhita, 2023 deals with mischief by injury, inundation, fire or explosive substance, etc. 326 (a). It replaces IPC 430, IPC 431, IPC 432, IPC 433, IPC 434, IPC 435, IPC 436 of the Indian Penal Code, 1860. Under the BNSS First Schedule, it depends on the sub-section: 326(a) is cognizable and bailable; 326(b) is cognizable and bailable; 326(c) is cognizable and bailable; 326(d) is cognizable and bailable; 326(e) is non-cognizable and bailable; 326(f) is cognizable and bailable; 326(g) is cognizable and non-bailable.
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Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 326(a) | Mischief by causing diminution of supply of water for agricultural purposes, etc. | Imprisonment for 5 years, or fine, or both. | Cognizable | Bailable | Magistrate of the first class |
| 326(b) | Mischief by injury to public road, bridge, navigable river, or navigable channel, and rendering it impassable or less safe for travelling or conveying property. | Imprisonment for 5 years, or fine, or both. | Cognizable | Bailable | Magistrate of the first class |
| 326(c) | Mischief by causing inundation or obstruction to public drainage attended with damage. | Imprisonment for 5 years, or with fine, or with both. | Cognizable | Bailable | Magistrate of the first class |
| 326(d) | Mischief by destroying or moving or rendering less useful a lighthouse or seamark, or by exhibiting false lights. | Imprisonment for 7 years, or fine, or both. | Cognizable | Bailable | Magistrate of the first class |
| 326(e) | Mischief by destroying or moving, etc., a landmark fixed by public authority. | Imprisonment for 1 year, or fine, or both. | Non-cognizable | Bailable | Any Magistrate |
| 326(f) | Mischief by fire or explosive substance with intent to cause damage. | Imprisonment for 7 years and fine. | Cognizable | Bailable | Magistrate of the first class |
| 326(g) | Mischief by fire or explosive substance with intent to destroy a house, etc. | Imprisonment for life, or imprisonment for 10 years and fine. | Cognizable | Non-bailable | Court of Session |
Source: BNSS, 2023, First Schedule, Part I.
Text of BNS Section 326
IPC sections replaced
- IPC 430: Mischief by injury to works of irrigation or by wrongfully diverting water
- IPC 431: Mischief by injury to public road, bridge, river or channel
- IPC 432: Mischief by causing inundation or obstruction to public drainage attended with damage
- IPC 433: Mischief by destroying, moving or rendering less useful a light-house or sea-mark
- IPC 434: Mischief by destroying or moving, etc., a land- mark fixed by public authority
- IPC 435: Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural produce) ten rupees
- IPC 436: Mischief by fire or explosive substance with intent to destroy house, etc
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